BROOKS v. COLEMAN

No. 74-3200.

518 F.2d 17 (1975)

Richard J. BROOKS, a citizen, et al., Plaintiffs-Appellants, v. William T. COLEMAN, Jr., as Secretary of the United States Department of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 9, 1975.


Attorney(s) appearing for the Case

J. Richard Aramburu, and Irving M. Clark, Jr., Seattle, Wash. (argued), for plaintiffs-appellants.

George Hyde, Atty. (argued), Dept. of Justice, Washington, D. C., for defendants-appellees.

Before ELY and HUFSTEDLER, Circuit Judges, and TAYLOR, District Judge.


OPINION

PER CURIAM:

We are faced once again with an environmental challenge to highway construction altering the Snoqualmie Pass segment of I-90, located 45 miles east of Seattle in the Cascade Mountain Range. In our first encounter with this litigation, we held that the proposed addition of three lanes to the existing four-lane highway constituted a "use" of parklands within the meaning of 49 U.S.C. § 1653(f)1 and that...

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